271023 `NHITE - CITV CLERK � �
PINK - FINANCE G I T F SA I NT� PA iT L Council ��'����
CANARY - DEPARTMENT
BLUE - MAVOR File NO. Y y� y
ncil Resolution
,
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, That the Council of the City of Saint Paul
hereby ratifies and appraves the action of the City of Saint Paul
. Board of Appeals and Review pertaining to the following listed
property and as shown by the Excerpted Minutes of said Boaxd of
Appeals and Review, dated April 11, 1978, and marked Exhibit A, and
attached hereto and made a part hereof by reference:
DATE OF BOARD
MINUTES CASE NO. PROPERTY APPELLANT
4/11/78 03-78-H 852 Ashland Daniel Butler
(fourplex)
BOARD ACTION: Pursuant to Section 55.02 (b) of the Saint Paul
Legislative Code, granted waiver of Section 54.13 (f)
of the Legislativ� Code pertainir�g to the location
of bath and second ��eeping room to per�it occupancy
of Apartmerrt No. 1 a,s a two-bedroom unit. .
Propertv Description: Bryant' s Addition
W 30 Ft. of Lot 13 and E � of Lot 14,
Block 2
and be it
FURTHER RESOLVED, That the City Clerk is hereby authorized and
directed to transmit a copy of this resolution for recording to the
Ramsey County Office of the Register of Deeds.
. 1
COU[VCILMEIV Requested by Department of:
Yeas 9{�f�o� Nays �.
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Adopted by Council: Date D
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Certified Yasse y Council Sec�etary " BY
By ��
Appr v by iVlayor. —
AY ` �— Appr d by Mayor for Submission to Council
BY — — BY
PUBLISHED MAY 2 O 19T�S
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" -2- 4/11/78 - Meeting No. 139
� CASE N0. PROPERTY APPELLA��tT � �� ����
�.� �� . _y�r�
03- 78-H 852 Ashland (fourplex Daniel Butler
SUBJECT: �
Request waiver of St . Paul Legislative Code provisions pertaining to
plaster repairs and to room arrangement, •as designated in 2/16/78
letter from Code Enforcement Division, because such requirements
appeared to be "impractical, expensive, and totally unreasonable ."
APPEAR.ANCE : Daniel Butler
PROCEEDIN GS:
bir. ButZer related that he had requested a city inspection prior to
purehasing the building and had been given a �ist of 26 items which
reQuired repairs or corrections . On the basis of the Iist, he had
purchased the building, working out an agreement with the seller to
set aside $1, 500 of the purchase price to complete the work. After
closing, he learned that the first inspection had triggered an
electrical inspection, resulting in an additional list of items . He
said he did not object to most of these, but was appealing two items ,
No. 9 , repair of ceiling plaster in the basement, and No. 15, the
order to discontinue use of one of two bedrooms in Apt. No. 1 or to
construct a separate passageway to the bathroom, since it was necessary
to pass through another bedroom with the present arran gement. He
felt that there was no need for plaster repairs in the basement, as it
was not occupied; and , as for the matter of having to pass through
another bedroom to reach the bathroom, he felt this was not a seriaus
problem. To rent the apartment as a one-bedroom unit would decrease
the rental income, causing a financial hardship.
bis . Bijjani explained that the plaster repair in the basement was not
for esthetic reasons , but for the purpose of creating a fire barrier,
particularly over the boiler area. The alternative would be to install
a sprinkler system over the boiler.
Mr. Butler said there was already a sprinkler system there.
Nis . Bijjani agreed that nothing further was need in that case.
Chairman Wozniak asked for what reason the followup electrical inspec-
tion had been made.
Ms . Bijjani answered that at the initial inspection by a generalist
inspector, it had been found that an electrical permit had never been
taken out for the work done . The city then sent out an electrical
inspector and a few additional items of electrical deficiencies had
been discovered.
Mr. Glassman noted, in regard to tlie matter of bedroom arrangement;
where the user of one bedroom had to pass through another bedroom to
reach the bathroom, he had found it a common situation in many existing
ap_artments . He felt such an arrangement was of small concern.
� - 3- 4/11/78 - Meeting No. �' 6
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�
Ms . Bijjanisaid that if the Board thought the code was unreasonable
in this matter, the appropriate action would be to request the City
Council to change the law.
Chairman Wozniak indicated that the Board undoubtedly felt the restrictian
to be somewhat unreasonable, especially in older structures, but also
felt there would be financial hardship if a two-bedroom apartment had
to be cut down to a one-bedroom unit or if the owner had to make sub-
stantial structural changes.
Mr. Butler said the size of the unit, 1,100 square feet, almost dictated
that there be two bedrooms .
BOARD ACTION:
Mr. Glassman moved that a waiver be granted to permit use of the bed-
room from which it was necessary for the user to pass through a second
bedroom to reach the bathroom. Chairman Wozniak seconded. MOTION
CARRIED AND SO ORDERED.
THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0
.
4/11/78 - Meeting No. 139 '
MIVUTES OF THE MEETING
ST. PAUL BOARD OF APPEALS AND REVIEW
Tuesday, April 11, 1978
City Council Committee Room 707
City Hall an d Court House
1 : 30 p.m.
1�iEMBERS PRESENT: D.D. Wozniak, Chairman
Estyr B. Peake
Ron Glassman
Arthur Tieso
LeRoy Coleman
MENBERS ABSENT: James Voigt
David Heider
AGENCiES PRESENT: Department of Community Services - Division of
Housing an�Buil�ing Code Enforcement :
. Alice Bijjani
Steve Roy
OTHERS PRESENT: Daniel Butler
Keith'Mazar
Leola Hutchinson K_ennedy
Ch arles W. Erickson
Clarence A. Lindeke
STAFF PR�SENT: Patricia Moxness
. The meeting was cailed to order by Chairman D. D. Wozniak at 1: 35 p.m.
The chairman asked if there were any corrections or additions to be
made on the minutes of the March 28, 1978, meeting, as mailed out to
the members .
Mr. Coleman stated that there should be a correction made on the vote
taken after the motion on Case No. 05- 78-B, Doerfler Square Building
at 345 Wabasha, on page 7, to reflect a total of three ayes, no nayes ,
with one abstention. Mr. Coleman said he abstained from voting on the
matter.
The minutes were then approved as corrected.